We’re back for another edition of Trademarks Published for Opposition. As always, a few important background tidbits/definitions:

  1. Applications
    • TEAS Plus – $225 per class of goods and/or services
    • TEAS Reduced Fee (RF) – $275 per class of goods and/or services
  2. Published for Opposition (Official Gazette)
    • 30-day period where a third party may oppose the mark because, among other reasons, it causes consumer confusion. If a third party does oppose it, then the case will be heard in front of the Trademark Trial and Appeal Board (TTAB).
  3. Section 1(a) Filing Basis, Use in Commerce (§1(a))
    • Prior to filing the application, the owner of the mark began using it in association with the designated class(es) on the application; Classes 1 through 34 make up products or goods, and Classes 35 through 45 make up services.
    • Here, upon filing, the original application must include aspecimen, which “is a sample of how you actually use your mark with the goods and/or services identified in your application.”
  4. Section 1(b) Filing Basis, Intent to Use (§1(b))
    • The owner of the mark has not used the mark whatsoever in association with the designated class(es), but he or she plans to use it in the future. Contrary to §1(a), a specimen is not required.
  5. What’s next?
    • §1(a) — If a third party does not oppose the mark, the United States Patent and Trademark Office (USPTO) will register the mark approximately three months after publication.
    • §1(b) — If a third party does not oppose the mark, the owner of the mark will receive a Notice of Allowance (NOA) approximately two months after the 30-day oppositional period.
      • In response to the NOA, the owner must either file a Statement of Use (SOU), which must include a specimen, or request an Extension of Time to File SOU, both of which must be filed within six months after receiving the NOA.
      • Subsequently, the USPTO will review the SOU and, assuming the USPTO approves it, will then register the mark approximately two months later.

 

Basketball

kobe

  • Owner: Kobe, Inc.
    • Filed §1(b) on November 20, 2015
  • IC 06: Metal goods (i.e. Metal key chains)
  • IC 09: Electrical and scientific apparatus (i.e. Audio and video recordings; Cases for mobile phones; Computer game software for use on mobile and cellular phones; Downloadable electronic game software for use on mobile and cellular phones; Downloadable image file containing artwork, text, audio, video, games and Internet Web links relating to sporting and cultural activities; Protective covers and cases for tablet computers)
  • IC 16: Paper goods and printed matter
  • IC 18: Leather goods (i.e. Backpacks; Book bags; Duffel bags; Sport bags; Travel bags)
  • IC 20: Plastics (i.e. Plastic key chains)
  • IC 21: Housewares and glass
  • IC 22: Cordage and fibers (i.e. Lanyards for holding keys and badges)
  • IC 24: Fabrics (i.e. Beach towels; Bed blankets; Blanket throws; Towels)
  • IC 25: Clothing
  • IC 28: Toys and Sporting goods
  • IC 41: Entertainment and Educational services
  • Notes: Los Angeles Lakers legend Kobe Bryant (@kobebryant) is, of course, the owner of Kobe, Inc., which he started in 2014. … The company recently filed §1(b) applications for “BLACK MAMBA” (May 2, 2016) and “MAMBA OUT” (June 8, 2016).

 

GSW

  • Owner: GSW Arena LLC
    • Filed §1(b) on February 2, 2016
  • IC 35: Advertising and Business (i.e. Arranging and conducting business conventions)
  • IC 39: Transportation services (i.e. Operating stadium parking facilities)
  • IC 41: Entertainment services
  • IC 43: Arena services
  • Notes: The Golden State Warriors (@warriorswill begin playing in a new arena, the Chase Center, in 2019.

 

Highland Park

  • Owner: Highland Park Hurricanes Basketball Club LLC
    • Filed §1(a) on January 22, 2016
  • IC 41: Entertainment and Educational Services (i.e. Sports training services in the field of basketball)
  • Notes: First Use in Commerce was January 1, 2010. … Highland Park Hurricanes are based in Dallas, Texas.

 

JW

  • Owner: Brandon Winslow
    • Filed §1(b) on February 19, 2016
  • IC 25: Clothing (i.e. Athletic apparel)
  • Notes: While Brandon Winslow is the owner, the mark represents Justice Winslow (@IAmJustise), who is entering his second NBA season with the Miami Heat. … Justice’s consent is made of record. … Brandon, who lives in Los Angeles, California, is Justice’s older brother.

Football

BA

  • Owner: The Arians Family Foundation (@AriansFF)
    • Filed §1(b) on January 27, 2016
  •  IC 25: Clothing
  • IC 36: Charitable fundraising services
  • Notes: The mark, as you may have guessed, depicts Arizona Cardinals Head Coach Bruce Arians (@BruceArians).  … The Foundation previously had another mark published for opposition, which we highlighted in this post. … The mark includes the following disclaimer, “No claim is made to the exclusive right to use ‘Family Foundation’ apart from the mark as shown.”

 

Portland

  •  Owner: Arena Football One, L.L.C. (@AFLarenaball)
    • Filed §1(b) on February 22, 2016
  • IC 16: Paper goods and Printed matter
  • IC 25: Clothing
  • IC 41: Entertainment services
  • Notes: The Portland Steel (@pdxsteel), based in Portland, Oregon, rebranded in February 2016 (they were previously known as the Thunder). … The Arena Football League’s headquarters are located in Las Vegas, Nevada. … The AFL currently owns the team.

 

sun bowl

Baseball

rockies

 

sandy koufax

  • Owner: Jane Koufax, Individual
    • Filed §1(a) on December 11, 2015.
  • IC 28: Toys and Sporting goods (i.e. Sports memorabilia)
  • Notes: First Use in Commerce was January 1, 1961 (!!). … The mark consists of Sandy Koufax’s autograph. … Koufax’s consent was made of record to register the mark. … Koufax, who will turn 81 in December, pitched for the Brooklyn/Los Angeles Dodgers and is a member of the Baseball Hall of Fame.

 

Hickory

  • Owner: Hickory Baseball, Inc. (@HickoryCrawdads)
    • Filed §1(a) on February 17, 2016
  •  IC 16: Paper goods and Printed matter (i.e. Autograph books, paper game schedules for sporting events, printed game tickets for sporting events, printed guides in the field of baseball, and reference books in the field of baseball)
  • IC 25: Clothing
  • Notes: First Use in Commerce for both classes was October 6, 2015. … The Crawdads, based out of Hickory, North Carolina, are the Class-A Affiliate of the Texas Rangers (@Rangers). … Some notable alumni that currently play in the MLB include, but are not limited to, the following: OF Jose Bautista (Toronto Blue Jays), OF Rajai Davis (Cleveland Indians), LHP Zach Duke (Chicago White Sox), 3B Joey Gallo & OF Nomar Mazara & 2B Rougned Odor (Rangers), OF Andrew McCutchen (Pittsburgh Pirates), 2B Neil Walker (New York Mets), RHP Chris Young (Kansas City Royals), and Steve Pearce (Tampa Bay Rays).

Golf

“HYPER SPEED FACE CUP”

  • Owner: Callaway Golf Company (@CallawayGolf)
    • Filed §1(a) on February 23, 2016
  • IC 28: Toys and Sporting goods (i.e. Golf clubs)
  • Notes: First Use in Commerce was January 31, 2014. … Callaway Golf is headquartered in Carlsbad, California. … The mark includes the following disclaimer, “No claim is made to the exclusive right to use ‘SPEED FACE CUP’ apart from the mark as shown.”

“HYPERLITE AIR”

  • Owner: Callaway Golf
    • Filed §1(b) on February 24, 2016
  • IC 28: Toys and Sporting goods (i.e. Golf bags)

“HYPERLITE ZERO”

  • Owner: Callaway Golf
    • Filed §1(b) on March 4, 2016
  •  IC 28: Toys and Sporting goods (i.e. Golf bags)

 

“PING PISTOL”

  • Owner: Karsten Manufacturing Corporation (Ping, @PingTour)
    • Filed §1(b) on December 16, 2015
  • IC 28: Toys and Sporting goods (i.e. Golf club grips)
  • Notes: Ping is headquartered in Phoenix, Arizona. … The mark includes the following disclaimer, “No claim is made to the exclusive right to use ‘PISTOL’ apart from the mark as shown.”

 

nixon

  • Owner: The Richard Nixon Foundation (@nixonfoundation)
    • Filed §1(a) on February 22, 2016
  • IC 28: Toys and Sporting goods (i.e. Golf balls)
  • Notes: First Use in Commerce was 2012. … The Foundation is located in Yorba Linda, California.

Soccer

Orlando

“ORLANDO PRIDE”

  • Owner: Orlando Sports Holdings, LLC
    • Filed §1(b) on October 28, 2015 (top mark)
    • Filed §1(b) on October 7, 2015 (bottom mark)
  • IC 09: Electrical and Scientific apparatus (i.e. Computer video game software; computer game programs; video computer game programs; computer and video game discs; pre-recorded video tapes, CD-ROMS and DVDs all featuring information in the field of soccer)
  • IC 16: Paper goods and Printed matter
  • IC 18: Leather goods (i.e. all-purpose athletic bags, shoulder bags)
  • IC 25: Clothing
  • IC 28: Toys and Sporting goods
  • IC 41: Entertainment services
  • Notes: The Orlando Pride (@ORLPride) are a member of the National Women’s Soccer League (@NWSL). … Both marks include the following disclaimer, “No claim is made to the exclusive right to use ‘ORLANDO’ apart from the mark as shown.”

College

delaware valley

 

MSOE

 

“MONTANA STATE UNIVERSITY”

  • Owner: Montana State University (@msubobcats)
    • Filed §1(a) on February 1, 2016
  • IC 25: Clothing
  • IC 41: Entertainment and Educational services (i.e. Arranging and conducting athletic competitions, athletic events, athletic tournaments, and athletic exhibitions)
  • Notes: First Use in Commerce for both classes was July 1, 1965. … Montana State (NCAA D-1) is located in Bozeman, Montana, and a member of the Big Sky Conference (@BigSkyConf), which is part of the Football Championship Series (FCS).

Other

“BASS PRO SHOPS LEGENDS TOURNAMENT”

  • Owner: Bass Pro Intellectual Property, L.L.C. (@BassProShops)
    • Filed §1(b) on March 25, 2016
  •  IC 41: Entertainment services (i.e. Outdoor sporting events for golfing, fishing, shooting and bull riding; tournaments for golfing, fishing, shooting and bull riding)
  • Notes: Bass Pro’s headquarters are located in Springfield, Missouri. … The mark includes the following disclaimer: “No claim is made to the exclusive right to use ‘TOURNAMENT’ apart from the mark as shown.”

 

mayweather

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